![]() ![]() ![]() (3), a motion shall be determined before trial of the general issue unless the court orders that it be deferred for determination at the trial. The motion to suppress evidence shall be so entertained with waiver of jeopardy when it appears that the defendant is surprised by the state's possession of such evidence.ĩ71.31(3)(3) The admissibility of any statement of the defendant shall be determined at the trial by the court in an evidentiary hearing out of the presence of the jury, unless the defendant, by motion, challenges the admissibility of such statement before trial.ĩ71.31(4)(4) Except as provided in sub. ![]() The court may, however, entertain such motion at the trial, in which case the defendant waives any jeopardy that may have attached. (5), defenses and objections based on defects in the institution of the proceedings, insufficiency of the complaint, information or indictment, invalidity in whole or in part of the statute on which the prosecution is founded, or the use of illegal means to secure evidence shall be raised before trial by motion or be deemed waived. Criminal procedure-proceedings before and at trial.ĩ71.31(1)(1) Any motion which is capable of determination without the trial of the general issue may be made before trial.ĩ71.31(2)(2) Except as provided in sub. View our newest version here 2011 Wisconsin CodeĬhapter 971. ![]()
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